Denver Medical Malpractice Lawyers

| August 25, 2016

Have you been a victim of Medical Malpractice in Denver, Colorado Springs or Fort Collins, Colorado?

Our Medical Malpractice lawyers in Colorado know that each year approximately 100,000 people die from negligent medical care and millions more are injured. At Bachus & Schanker, LLC in Colorado, our Denver Medical Malpractice attorneys (who serve all of Colorado; including Colorado Springs, Denver and all Front Range locations) believe that the safety and security of health care for American families should come first. Our Denver and Colorado Springs Medical Malpractice attorneys recognize consumers and patients deserve a legal system that can serve their needs and give them the power to seek help when they have needlessly suffered serious and permanent injury as a result of negligent medical care.

A Colorado Medical Malpractice attorney can help you understand your rights

Our Medical Malpractice lawyers in Colorado know that medical professionals including doctors, nurses and physicians’ assistants are required to follow a strict “standard of care,” and provide medical treatment in the manner that similarly licensed medical professionals are supposed to provide care. Medical malpractice occurs when a physician fails to do what a reasonably careful and similarly licensed physician should have done in the same situation.

What is medical negligence?

Medical negligence occurs when a doctor does something to a patient that a reasonably careful physician would not do or when a doctor fails to do something in treating a patient that the doctor should have done. Negligence in medical malpractice cases can occur in a variety of situations, such as:

A delay or failure in diagnosing a disease

A surgical or anesthesia-related mistake during an operation

The physician’s failure to gain the informed consent of the patient for an operation or surgical procedure

A physician that has made the correct diagnosis, but then fails to provide proper treatment

If you suspect that you or someone you love is the victim of Medical Malpractice or negligence, you should seek legal assistance immediately from one of our dedicated lawyers. A Colorado Medical Malpractice attorney at Bachus & Schanker, LLC can help clients from Denver, Colorado Springs, along the Front Range as well as clients across the country.

Our Denver Medical Malpractice Attorneys Can Help You Establish a Claim

Our experienced Colorado Medical Malpractice attorneys will tell you to prove a claim for medical negligence or Medical Malpractice not only must you prove that the doctor (or the doctor’s staff) failed to act as a reasonably careful doctor would in the same or similar circumstances, you must also be able to establish that you were injured or harmed as a result of that doctor’s careless actions or failure to act. An unsatisfactory result in medical treatment or surgery does not necessarily mean that malpractice was committed or that any treatment was below the standard of care. However, if you believe you may have been the victim of Medical Malpractice, the Colorado Medical Malpractice lawyers at Bachus & Schanker, LLC can evaluate your situation and help protect your legal rights.

How to establish a claim

Medical Review

Our attorneys know that in order to determine whether a potential malpractice case exists, a medical expert must carefully review the medical care in question to determine whether the patient received substandard care and whether the substandard care caused the patient to suffer substantial injuries. At Bachus & Schanker, LLC, after an initial review by our experienced Medical Malpractice lawyers, we will have board certified and objective medical experts conduct a complete review of the circumstances surrounding the cases we believe to have merit. If a doctor certifies that the patient received substandard care, a malpractice claim may be pursued by our malpractice lawyers against those who provided medical care to the patient, including doctors, nurses, and hospitals. Generally speaking, an attorney led Medical Malpractice claim may be pursued against those who provide medical or health care to a patient, including, physicians, registered nurses, hospitals, dentists, nursing homes, and pharmacists. Medical malpractice claims may be brought on by you and your lawyer against individuals, partnerships, professional associations, and corporations.

A Colorado malpractice attorney can help you understand the Colorado Governmental Immunity Act

It is very important to know that many hospitals in Colorado are operated by state and local governments and therefore are considered governmental entities. Additionally, doctors and staff members at those hospitals may also be considered government employees. In that case your malpractice attorney will explain that under Colorado law, (C.R.S. 24-10-109) you must notify a governmental entity within 180 days of the potential Medical Malpractice in order to preserve your right to bring a claim. An attorney can help you fully understand the law and ensure that you are in compliance with the requirement. Failure to comply with the notice requirements described in C.R.S. 24-10-109 can result in losing your claim automatically. Additionally, if the hospital is a governmental entity or the doctors and staff are government employees, you may be limited to recovering a maximum of $150,000.00. Because the requirements in Colorado and throughout the country are so complex, it is often advisable to speak with a qualified malpractice lawyer in Denver to protect your ability to file a claim and obtain compensation for your injuries. (If you’re injured in another Colorado city, like Colorado Springs or anywhere along the front range, our laywers can help injury victims throughout the state).

Safe Health Care Tips & Information

Our attorneys suggest that the following steps can help protect yourself and your family from Medical Malpractice and other health care dangers:

Always keep a list of all medicines you are taking and what drug or other allergies you may have. When a doctor is prescribing medicine, ask about side effects, other warnings and what to avoid while taking the medication. Confirm with the pharmacist that you are receiving the right medication with the right dosages.

Feel free to ask plenty of questions of your doctor or pharmacist. Make your doctor take the time to explain things to you until you feel like you fully understand.

If your doctor refers you to a hospital for a procedure, talk to your doctor about which hospital they are referring you to and make sure that it meets your needs and standards.

If you have to undergo surgery, make sure you, the surgeon and all medical providers agree and understand what kind of procedure you are undergoing.

Report an Incident to the Colorado Medical Board

The Colorado Medical Board is responsible for licensing and regulating physicians and physicians’ assistants in Colorado. According to the Colorado Medical Board, each year, approximately 800 complaints are made against Colorado physicians and physician assistants. To find out the status of a particular physician’s license, or to report a Medical Malpractice incident to the Colorado Medical Board, please visit the following website: http://www.dora.state.co.us/medical/main-complaints.htm

Need a malpractice lawyer in Denver? We can help with a free consultation.

When you need a Colorado malpractice attorney, our law firm serves Denver and all of Colorado,including Colorado Springs/the Range, and Fort Collins. Our lawyers are professional and work hard for your rights. Don’t hesitate, give our Colorado malpractice attorneys a call as soon as you need a lawyer!

Frequently Asked Questions

What is Medical Malpractice?

Medical Malpractice occurs when a physician fails to do what a reasonably careful and similarly licensed physician should have done in the same situation. Medical negligence occurs when a doctor does something to a patient that a reasonably careful physician would not do or when a doctor fails to do something in treating a patient that the doctor should have done. Some examples of negligent medical care may include:

A delay or failure in diagnosing a disease

A surgical or anesthesia-related mishap during an operation

The physician’s failure to gain the informed consent of the patient for an operation or surgical procedure

A physician has made the correct diagnosis, but then fails to provide proper treatment

Misuse of prescription drugs or a medical device or implant

Wrongful amputation

Delivery mishaps and birth injuries

Is Certification Required?

In order to determine whether a potential malpractice case exists, a medical expert must carefully review the medical care in question to determine whether the patient received the inappropriate care and whether the inappropriate care caused the patient to suffer substantial injuries. At Bachus & Schanker, LLC, after an initial review by our experienced Medical Malpractice lawyers, we will have board certified and objective medical experts conduct a complete review of the circumstance in cases we believe may have merit. If a doctor certifies that the patient received substandard care, a malpractice claim may be pursued against those who provided medical care to the patient, including doctors, nurses, and hospitals.

What Can I Recover?

If you have been injured as a result of medical negligence you may be entitled to recover 1) economic damages, which include compensation for past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement, which may include compensation for scars or physical disability as a result of the injuries you sustained in the accident.

Do I have to pay back my health insurance?

If your health insurance has paid for medical treatment that you were forced to obtain as a result of medical negligence, your health insurance company may have a right of subrogation or reimbursement. What this means is that if your health insurance pays for medical expenses you incurred as a result of someone else’s negligent conduct, your health insurance company may have a right to get paid back for those expenses either from the at-fault party’s insurance carrier or from any settlement you receive from the at-fault party. Before accepting a settlement from an at-fault driver or their insurance company, it is very important for one of the experienced attorneys at Bachus & Schanker, LLC to closely examine your health insurance policy to determine the extent to which your health insurance company has a right to get repaid.

Additional Resources & Information

The Colorado Hospital Report Card provides unbiased information and educates consumers on the quality and safety of patients at Colorado hospitals.

The Colorado Hospital Association serves as a trusted, credible resource on health issues, hospital data and trends for the media, policymakers and the general public.

Colorado Hepatitis C Infections: Surgical Technician Kristen Parker may have infected thousands of patients throughout hospitals in Denver and Colorado Springs. You can find out more about Hepatitis C, its signs and symptoms, and what to do if you were infected as a result of exposure to Parker. Colorado Hepatitis C Information Page

The Colorado Medical Board: The Colorado Medical Board oversees and regulates the practice of medicine in the state of Colorado. The Board keeps records of all the medical licenses issued as well as handles complaints about physicians and physician assistants. You can check here to see if any disciplinary action has been taken against your doctor or physician’s assistant. http://www.dora.state.co.us/medical/

The Colorado Board of Nursing: The mission of the Colorado State Board of Nursing is to maintain high standards and protect the public from unqualified, unethical, or incompetent practitioners. The Board has jurisdiction over Registered Nurses, Licensed Practical Nurses, Psychiatric Technicians, and Certified Nurse Aides. The Board keeps records of all nursing licenses issued as well as handles complaints about nurses. You can check here to see if any disciplinary action has been taken against your nurse. http://www.dora.state.co.us/nursing/

HealthGrades: HealthGrades is a national website database that allows consumers to research information about doctors, hospitals and nursing homes. The site allows you to search for ratings and information on specific medical providers or facilities. You can search for doctors, hospitals, and nursing homes in any state. However, there is a fee associated with generating reports. www.healthgrades.com/

5280 Magazine Top Doctors: Each year, 5280 magazine publishes a list of top Denver metro-area doctors as well as articles regarding other medical trends. 5280 Magazine Top Doctors